Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-02-02
n. B. No. 81.

lhl0 10 8 Dill 1~0GfOOuCeO Oy represents
tive Hanscon1, Of Silver Bow County, DO
ing an act to secure persons and animall
from danger arising from mining and othel
excavations. The following is the full text
Of the bill:
SECTION 1. Any person or persons, com
pany or corporation, who shall hereafter
dig, sink. or excavate. OF cause the same tc
be done, or being the owner or owners, OF
in the possession. under any lease OF con
tract, OF any shaft. excavation, OF hole,
whether used for mining or otherwise, OF
whether dug, sunk, or sxcavated, for the
purpose OF mining, to obtain water, or Tor
any other purpose, within this Territory,
shall, during the time they may be EN-.
ployed in digging, sinking, or exeavating, OF
| after they may have ceased to work upon
; or abandoned the same, erect. or cause to
be erected, good and substantial fences, or
other safeguards, and keep the same in
good repair, around such works or shafts,
sufficient to securely guard against danger,
to persons and animals, from falling into
such shafts, or excavations.
Sec. 2. Any person being q resident OF the
county and knowing, or having reason to
believe that the provisions OF Section 1 Of
this act are being or have been violated
within such county, may file . notice with
any Justice OF the Peace or Police Judge
therein, which notice shall be in writing and
shall state: First-The location, as near
an may be, Of the hole, excavation or
shaft. Second-That the same is danger
Gus to persons or animals, and has been
left, or is being worked. contrary to the
provisions of this 49, Third-The name
poratiOne, who 10 or are the owners Of the
same, if known or il unknown; the persons
who were known to be employed therein.
Fourth-n abandoned, and no claimant,
and, Fifth-The estimated cost OF fencing,
OF otherwise, securing against any avolda-
bic accident.
Sec. 8. Upon the filing Of tho notice, a.
provided for in the preceding section, the
Justice of the Peace, or Judge of tho Po-
lice Court, shall issue I'm order, directed to
the sheriff Of the county, or to any consta-
bic or city marshal therein, directing such
officer to serve q notice in manner and form
as is prescribed by law for service Of sum-
mons upon any persons or persons, or the
or corporation named in tho notice
on file, az provided in Section 2 OF this
act.
Sec. 4. The notice thus served shall re.
quire the said persons to appear before the
justice OF Judge issuing tho same. at a time
to be stated therein; not moro than ten or
less than three days from the service of
said notice, and show to the satisfaction OF
the court that the provisions OF this act
have been complied with, or if he or they
fail to appear, judgment will be entered
against him or them for double the amount
in the notice on file, and oil pro-
ceedings had therein shall be a. prescribed
by law in civil cases; and such persons, in
to any judgmept that may be rem
dered against them. shall be liable and sub.
hundred dollars for each and every VIOLA
tion Of the provisions Of this act, which
judgments and fines shall be adjudged and
collected and provided for by law.
Sec. 8. Suits commenced under tho pro-
Of this act shall be in the eame OF
Territory OF Montana, and all juds-
ments and fines collected shall be paid into
The County Treasury for county purposes. |
Sec. 8. II the notice fled With the JUS
bice OF tho Peace. or Police Judge, as afore- /
said, shall state that tho excavation, ehaft,
hole, has been abandoned. and no per. !
'on claims the ownership thereof, said JUS
tlce OF the Peace, or Judge, shall notify the
Board OF County Commissioners of the
or either of them. of the location |
the same, and they shall as soon as pos
'ible thereafter cause the same to be 20 !
snced or otherwise guarded. as to prevent
accidents to persons or animals, and all
thus incurred shall be paid, first,
II the judgments and fines collected in &C.
;ordance with the provisions OF this act. as
'ther county expenses. Provided. That
herein contained shall bs SO con-
trued a. to compel the County Commits.
toners to ill up, fence, or otherwise
uard, any shaft, excavation, or hole. un-
ess in their discretion tho same may he
dangerous to persons or ami
nails.